Good Posting Ray. I always include a clause in the agreement which speaks to both the chattels and fixtures, and I include most of the "questionables" which form part of the property. Central Air, Central Vac, Fireplace Screen and Doors, etc. I present the offer and point out to the Sellers that if they need a tool to take it away, then it is a fixture and it stays, unless otherwise excluded in the agreement. (if it is glued down, screwed down, or nailed down, it stays). This has the tendancy to make both parties reflect and understand what is and what is not included. I always note to the sellers that the intention is not to "nickel and dime" them, but to make sure that both parties are of the same mind.

What about art which is screwed into a wall? A designer wall-mounted coat rack, or a piece of art from overseas mounted by virtue of being screwed directly into the wall and not using hinges or hooks? When do we start to look at the intention of the homeowner? I have a lovely modernist coat rack mounted to the wall, and there's not a chance I'm leaving it there....

Hi, Lila,

I cannot see your coat rack, but if it hangs on a wall mount, then the rack itself is a chattel (and the mount bracket is the fixture). If the rack is screwed directly into the wall, then it is a fixture.

You and your real estate sales representative need to make sure that its exclusion is stated in the listing agreement as well as written up as such in the Agreement of Purchase and Sale. You may find it agreeable to replace the excluded coat rack with another fixture, should the buyers want that.

Hi,
just wanted to know if vacu-flo and attachments and water softener (systems itself) is a chattels or fixtures? Just like you TV your wall mount is attached to the home. The built in system of hoses and outlets for Central vacuum and water softener is considered fixtures, while the canister, accessories, water softener system are generally considered chattels. Aren't these appliances are removable? It's not glued down, screwed down, or nailed down. These appliances is not stated in the signed purchase contract like the other chattels such as stove, frigde, dishwasher, curtains, ects..
I dont know what to think anymore but I know those are for my personal uses and dont consider them a fixtures. Even if the purchase put them down in the contract I would have cross it out. They waited at least 15 days to advised us vacu-flo, attachments and water softener is missing. I am so confused,frustrated and i believed Im being bully. I feels bad for the purchasers however their real Estate should advised them.Your option is greatly appreciate...
Thank you

We just sold our house. We included all "light" fixtures with the house. Just today, we received a letter from the purchaser's lawyer that there are speakers in the basement wall that were taken out and a hole is now there. Firstly, the letter states wall and the speakers are actually in the ceiling. Secondly, they stated that there is a hole in the wall. Actually, they have not been taken out so there is no hole, as of yet.

But to my point, the purchaser did not specify that the speakers are to be included in the offer. They presumed that it is a fixture but only "light fixtures" were included. We stated that the full entertainment system does not stay, and that includes the speaker coming out of the ceiling.

If you are aware that "The prospective buyers are very excited about having my TV all ready for them when they move in ... " and you sell them the house and take the television you have committed, at the very least, a highly unethical act. In similar situation courts have held such a false tacit acknowledgment to constitute fraud and several states have specific statutes that would make it so. In such cases the contention that a reasonable buyer should have known does not offer you a defense as it might had you not explicitly known of their assumption. The fact that many television wall mounts are bolted to both the wall and the television, which makes the TV's fixtures, further negates this defense. All legalities aside it is an act of dishonesty for any individual and a violation of ethics for a Realtor.

I am in a situation where the buyer insists that the wall mount is a fixture and must stay. So I leave the wall mount and lift off my TV with the brackets loctite screwed into it. Now the buyer has a wall mount with no brackets, which is basically useless and I have a TV with brackets that are permanently screwed into it with no matching wall mount. Yay, now we both lose because the buyer is being a stickler about a $150 wall mount in a $300K house.

My wife and I made an offer to purchase a month ago, closes in a couple weeks. In the back yard there is a chain link fenced dog pen on a concrete slab. Just as you would assume that the fencing surrounding a yard is included, we assumed this fencing would be included. We went back to the house to take some measurements and the tenants living there indicated that they would be removing the pen when they leave. What are the laws about fencing and outdoor components that are in the ground or bolted to a concrete slab?